Qualitative Research On Motor Vehicle "Pengci" Problem

Since the reform and opening up, especially in the last two decades, as China's transport infrastructure was improved, the people in the car possession rate in China has significantly increased. At the same time, some criminals use motor vehicles to implement changes in the emergence of new crime, recently, the incidence of crime across the country has increased in which criminals repeatedly drive a motor vehicle collision others intentionally create the normal traffic vehicles, and damage to their vehicles as an excuse to blackmail the victim. This new form of crime, our legal theorists have not unified them, so we have called the vehicle "Pengci" crime.From the current judicial practice, the judiciary judged the vehicle "Pengci" criminal differently, because the motor vehicle "Pengci" crime is a new form of crime, the study of the legal theorists for it is not enough, the standard of the judicial judgment for it is not uniform; and the other hand motor vehicle "Pengci" cases in specific time, space and the specific criminal thoughts or acts under the conditions will result in constituting a different crime.As for the motor vehicle "Pengci" crime, this paper argues that we have to distinguish between different situations and characteristics of the case, the motor vehicle "Pengci" criminal activities are divided into general circumstances and special circumstances. General circumstances involved the crime of extortion, dangerous methods of endangering the public safety. Special circumstances involved the crime of fraud, insurance fraud, robbery and so on. In short, the motor vehicle "Pengci" criminal acts are judged by making clear distinction and contacts between different crimes, convicting and sentencing for criminal acts scientifically and rigorously.